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Criminal Procedure Act 2011

Trial - Provisions applying to both Judge-alone and jury trials - Evidence based on national security information

113A: National security information: admissibility hearing in course of trial

You could also call this:

"What happens in court when national security information is involved in a serious crime trial"

Illustration for Criminal Procedure Act 2011

If you are in a trial for a serious crime, a special rule might apply. This rule is about information that could affect national security. You or the other party might want to use this information as evidence.

You can ask the High Court to decide if this evidence is allowed. Before you do this, you must tell the Solicitor-General that you plan to make this request. The High Court will then listen to what you and the other party have to say before making a decision.

The High Court can allow this evidence if they think it is fair and if national security will be protected. They can also set conditions on how this evidence is used. The court wants to make sure that national security information is kept secret.

The court can make any other orders it thinks are necessary to keep this information secret. For example, they might clear the court or suppress some evidence. The High Court has the power to make these decisions to protect national security information, as outlined in the Security Information in Proceedings Act 2022.

Some crimes are considered more serious than others, and these are called category 3 or category 4 offences. A category 3 offence can be punishable by imprisonment for 7 years or more, or by a fine if committed by a company. If you are in a trial for one of these crimes, the special rule about national security information might apply. You can also be in a trial for an offence against section 48 of the Health and Safety at Work Act 2015, and the same rule might apply.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS925686.

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Part 4Trial
Provisions applying to both Judge-alone and jury trials: Evidence based on national security information

113ANational security information: admissibility hearing in course of trial

  1. This section applies if—

  2. the proceedings are for—
    1. a category 4 offence; or
      1. a specified category 3 offence; or
        1. 1 or more of the following offences and the High Court grants leave for the application to be made:
          1. a category 3 offence that is not a specified category 3 offence:
            1. an offence against section 48 of the Health and Safety at Work Act 2015; and
          2. either party asserts that evidence that it or the other party wishes to adduce, during the trial, is evidence based on national security information.

            1. The party may apply to the High Court for an order to the effect that the evidence is admissible.

            2. The party must notify the Solicitor-General that it intends to make the application before the application is made.

            3. The High Court must give each party an opportunity to be heard in respect of the application before deciding whether to make the order.

            4. The hearing of the application is a specified proceeding for the purposes of the Security Information in Proceedings Act 2022 in respect of which the special procedures in Part 2 of that Act apply.

            5. The High Court may order that the evidence based on national security information is admissible if the court is satisfied that—

            6. the evidence is admissible; and
              1. the national security interests that would be likely to be prejudiced by fully disclosing the national security information will be adequately protected.

                1. The court may make an order under this section on any terms and subject to any conditions that the court thinks fit.

                2. Nothing in this section affects the discretion of the court to make any additional orders it thinks fit to protect the confidentiality of national security information (for example, an order under section 197 (power to clear court) or 205 (court may suppress evidence and submissions)).

                3. In this section, specified category 3 offence means a category 3 offence that—

                4. is punishable by imprisonment for life or by imprisonment for 7 years or more; or
                  1. if committed by a body corporate, is punishable only by a fine, but that, if committed by an individual, would be punishable by imprisonment for life or by imprisonment for 7 years or more.

                    Notes
                    • Section 113A: inserted, on , by section 24 of the Security Information in Proceedings (Repeals and Amendments) Act 2022 (2022 No 72).